34-617: The Phoenix Park Murders were the fatal stabbings of Lord Frederick Cavendish and Thomas Henry Burke in Phoenix Park , Dublin , Ireland , on 6 May 1882. Cavendish was the newly appointed Chief Secretary for Ireland and Burke was the Permanent Under-Secretary , the most senior Irish civil servant. The assassination was carried out by members of a republican organisation known as the Irish National Invincibles ,
68-734: A cornet with the Duke of Lancaster's Own Yeomanry cavalry. From 1859 to 1864, Cavendish was private secretary to Lord Granville . He travelled in the United States during 1859 and 1860, and in Spain in 1860. He was elected to the House of Commons as a Liberal for the Northern Division of the West Riding of Yorkshire , 15 July 1865, and retained that office until his death. After serving as private secretary to
102-511: A jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness. Scots law has two acquittal verdicts: not guilty and not proven . However,
136-422: A "tainted acquittal" to be set aside in circumstances where it is proved beyond reasonable doubt that an acquittal has been obtained by violence or threats of violence to a witness or juror/s. In modern England and Wales, and in all countries that substantially follow English criminal procedure, an acquittal normally results in the immediate liberation of the defendant from custody, assuming no other charges against
170-456: A lot of noise while carrying out the killings. As previously mentioned, Cavendish had just arrived in Ireland that day so these men were completely unaware of his identity and he was not the intended target, however as he was now a witness to the assassination he could not be left alive. Thomas Myles , resident surgeon at the nearby Dr Steevens' Hospital , was summoned to render medical assistance to
204-690: A more radical breakaway from the Irish Republican Brotherhood . The Irish National Invincibles failed numerous times to kill Chief Secretary William Edward Forster before he resigned his office in protest at the Kilmainham Treaty . The group then settled on a plan to kill the Permanent Under-Secretary Thomas Henry Burke at the Irish Office. Newly installed Chief Secretary Lord Frederick Cavendish , on
238-632: A pretty shrewd idea of who was involved, suspecting a number of former Fenian activists. A large number of suspects were arrested and kept in prison claiming they were connected with other crimes. By playing off one suspect against another Mallon got several of them to reveal what they knew. The case was successfully prosecuted by the Attorney General , Solicitor General James Murphy QC (later Mr Justice Murphy), and Peter O’Brien, before Justice William O’Brien . Invincibles' leader James Carey , Michael Kavanagh and Joe Hanlon agreed to testify against
272-472: A state charge of felonious assault, as in the Rodney King case, can likewise be tried on federal civil rights charges. An acquittal does not mean the defendant is innocent of the charge presented—only that the prosecutor failed to prove that the defendant was guilty beyond a reasonable doubt . The charge may remain on the defendant's criminal record in the United States even after an acquittal, depending on
306-410: A subsequent trial. Even though the acquittal of the death penalty was erroneous in that case, the acquittal must stand. The only exception to an acquittal being final is if the defendant was never in actual jeopardy. If a defendant bribes a judge and obtains acquittal due to a bench trial, the acquittal is invalid because the defendant was never in jeopardy in the first place. Harry Aleman v. Judges of
340-537: A verdict of "not proven" does not give rise to the double jeopardy rule. In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an exception to the double jeopardy rule , by providing that retrials may be ordered if "new and compelling evidence" comes to light after an acquittal for a serious crime. Also, the Criminal Procedure and Investigations Act 1996 permits
374-414: Is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from
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#1732845004018408-415: Is generally considered an acquittal, but there is a subtle difference between the two. A defendant found "not guilty" is not legally answerable for the criminal charge filed. An acquittal is when a judge or jury finds a defendant "not guilty" of the crime charged. "Not guilty" also refers to a type of plea in a criminal case. To avoid confusion, the term "acquittal" is often used in place of it to refer to
442-631: The Government of Ireland Act 1914 , which was technically passed but was never effected. Parnell made a speech condemning the murders in 1882, increasing his already huge popularity in both Britain and Ireland. He had just enabled some reforms under the Kilmainham Treaty four days before the murders. Parnell's reputation increased in Ireland, being seen as a more moderate reformer who would never excuse such tactics. In March 1887, The Times printed letters purportedly from Parnell claiming sympathy with
476-483: The Lord Lieutenant of Ireland . The Invincibles had been following Burke for a number of days previous to this. Seven members of The Invincibles approached Burke and Cavendish. The first assassination was committed by Joe Brady , who stabbed Burke with a 12-inch knife, followed in short order by Tim Kelly, who stabbed Cavendish. Both men used surgical knives, delivered by Mary Ann Byrne , in order to avoid making
510-645: The Criminal Division, Circuit Court of Cook County, Illinois, et al. , 138 F.3d 302 (7th Cir. 1998). An acquittal, while conclusive as to the criminal law, does not necessarily bar private civil actions in tort or on some other grounds as a result of the facts alleged in the charge. For example, the City of Los Angeles was held liable in 1994 for the 1991 Rodney King beating despite state acquittals in 1992 of all of its four main LAPD defendants, and in 1997 O. J. Simpson
544-410: The death of Cavendish was not premeditated, and that he was not recognised by the assassins; the plot was against Burke, and Cavendish was murdered because he happened to be in the company of Burke. Cavendish married, on 7 June 1864, Lucy Caroline Lyttelton , second daughter of the 4th Baron Lyttelton , granddaughter of Sir Stephen Glynne and niece of William Ewart Gladstone 's wife Catherine . She
578-467: The defendant remain to be tried. However, until 1774, a defendant acquitted by an English or Welsh court would be remanded to jail until he had paid the jailer for the costs of his confinement. It was known for acquitted persons to die in jail for lack of jailer's fees. With one exception, the prosecution in the United States cannot appeal an acquittal because of constitutional prohibitions against double jeopardy . The U.S. Supreme Court has ruled: It
612-617: The evening of his arrival to Ireland, decided to walk alone from Dublin Castle to his new residence in The Phoenix Park. Close to the entrance of Dublin Zoo, Burke, who just happened to also be on his way home to his residence in The Phoenix Park, spotted Cavendish and asked his carriage driver to stop and then continued on foot with Cavendish to the Viceregal Lodge , the "out of season" residence of
646-423: The judge decided that the circumstances of the case did not permit death to be imposed. On appeal, the judge's ruling was found to be erroneous. However, even though the decision to impose a life sentence instead of death was based on the judge's incorrect interpretation of the law, the finding of life imprisonment in the original case constituted an acquittal of the death penalty. Thus, death could not be imposed upon
680-571: The murderers and that his public denunciation of them was insincere. It emerged that the letters were forgeries written by the journalist Richard Pigott , and Parnell was personally vindicated by the Parnell Commission in 1888–89. There is a cross cut into the grass at the location of the killings. It is 60 centimetres (24 in) long, filled with a small amount of gravel and cut thinly. Lord Frederick Cavendish Lord Frederick Charles Cavendish PC (30 November 1836 – 6 May 1882)
714-533: The murders. Gladstone's Minister Lord Hartington , the elder brother of Lord Cavendish, split with Gladstone on the Home Rule bills of 1886 and 1893 and led the breakaway Liberal Unionist Association , which allied itself to Lord Salisbury's Conservative governments. In the ensuing 1886 general election the Conservatives and Liberal Unionists swept the board. This delayed Home Rule by twenty-eight years until
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#1732845004018748-539: The others. Joe Brady, Michael Fagan, Thomas Caffrey, Dan Curley and Tim Kelly were convicted of the murders, and were hanged by William Marwood in Kilmainham Gaol in Dublin between 14 May and 9 June 1883. Others, convicted as accessories to the crime, were sentenced to serve long prison terms. Fitzharris was acquitted of murder but retried as an accessory and convicted. Only the case of Kelly gave any real difficulty. He
782-460: The participants stabbed Lord Frederick and Burke multiple times from behind in an incident that came to be known as the Phoenix Park killings . His remains were returned to England and buried in the churchyard of St Peter's Church, Edensor , near Chatsworth , on 11 May, where 300 members of the House of Commons and 30,000 other persons followed to the side of the grave. The trial of the murderers in 1883 (see James Carey ) made it evident that
816-466: The prime minister, William Ewart Gladstone , from July 1872 to August 1873 he became a junior Lord of the Treasury , and held office until the resignation of the ministry. He was Financial Secretary to the Treasury from April 1880 to May 1882, when soon after the resignation of William Edward Forster , Chief Secretary for Ireland , he was appointed to succeed him. In company with the 5th Earl Spencer ,
850-504: The state regulations. A federal criminal record may include acquittals, case dismissals, and convictions. In the UK, police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, according to a 2018 Supreme Court ruling. Depending on one's location, a background check may highlight not only convictions or plea bargains but also arrests, charges that were dropped or dismissed, and acquittals. A "not guilty" finding
884-438: The then Lord Lieutenant of Ireland , he proceeded to Dublin, and took the oath as Chief Secretary at Dublin Castle , on 6 May 1882; but on the afternoon of the same day, while walking in the Phoenix Park in company with Thomas Henry Burke , the Permanent Under-Secretary , he was assassinated by members of the militant Irish nationalist splinter group known as the Irish National Invincibles . Using scalpels and surgical blades,
918-482: The victims. The Lord Lieutenant, Lord Spencer , described hearing screams before witnessing a man running to the Lodge grounds shouting, "Lord Frederick Cavendish and Mr. Burke are killed!" The assailants were driven away in a cab by James Fitzharris , known as "Skin-the-Goat", who served as a getaway driver . The hunt for the perpetrators was led by Superintendent John Mallon, a Catholic who came from Armagh . Mallon had
952-405: Was 19 and generally said to look much younger, and by referring to him as "a child" his defence counsel created enough unease for two juries to disagree. Only after an unprecedented third trial was he found guilty. Charles Stewart Parnell 's policy of allying his Irish Parliamentary Party to Prime Minister William Ewart Gladstone 's Liberal Party in 1886 to enable Home Rule was undone by
986-839: Was a maid of honour to the Queen . A statue of Cavendish can be found in the plaza behind the town hall in Barrow-in-Furness in Cumbria (formerly and historically in Lancashire ), where his father invested heavily in local industries. A window in memory of Cavendish was placed in St Margaret's Church, Westminster , at the cost of the members of the House of Commons. His imposing white Carrara marble tomb can be seen in Cartmel Priory , Cumbria. Cavendish
1020-464: Was a council member of Yorkshire College , Leeds , which after his death established the Cavendish Chair of Physics. There is also a memorial fountain to him at Bolton Abbey . Acquittal In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused
1054-644: Was an English Liberal politician and protégé of the Prime Minister, William Ewart Gladstone . Cavendish was appointed Chief Secretary for Ireland in May 1882 but was killed along with Thomas Henry Burke in what came to be known as the Phoenix Park Murders only hours after his arrival in Dublin , a victim of the Irish National Invincibles organisation. Born at Compton Place , Eastbourne , Sussex , Cavendish
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1088-511: Was decided in Fong Foo v. United States , 369 U.S. 141 (1962) that the prosecution cannot appeal a judgment of acquittal by a jury. In United States v. Jenkins , 420 U.S. 358 (1975), this was held applicable to bench trials . In Arizona v. Rumsey , 467 U.S. 203 (1984), it was ruled that in a bench trial, when a judge was holding a separate hearing after the jury trial, to decide if the defendant should be sentenced to death or life imprisonment ,
1122-399: Was held civilly liable for wrongful death even after being tried and acquitted in 1995 of murder . An acquittal also does not bar prosecution for the same offenses under a statute of a different jurisdiction. For example, in the United States, someone acquitted of a state murder charge can be retried for the same actions on a federal charge of violating civil rights , and police acquitted of
1156-460: Was the second son of the 7th Duke of Devonshire by his wife, Lady Blanche Howard , fourth daughter of the 6th Earl of Carlisle , and the brother of the Marquess of Hartington , later 8th Duke of Devonshire , who had also been Chief Secretary for Ireland. Cavendish, after being educated at home, matriculated in 1855 at Trinity College, Cambridge , where he graduated B.A. in 1858, and then served as
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